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Subject: Governance

Important aspects of Society

  • From America to India: Academic freedom is misunderstood

    Academic Freedom in Indian Educational Institutions – NICKELED AND DIMED

    Central idea 

    The article explores the global challenges to academic freedom, accentuated by the Israeli-Palestinian conflict’s impact on protests in the West and restrictive measures in India. It emphasizes the practical and misunderstood nature of academic freedom, highlighting the crucial role it plays in fostering critical thinking within the academic community and the threats posed by government interference.

    Key Highlights:

    • Israeli-Palestinian Conflict Impact: The Israeli-Palestinian conflict sheds light on the challenges to academic freedom in the West, with protests facing severe threats and legal consequences.
    • Global Restrictions on Dissent: The credibility of academic freedom faces a global crisis, as European governments pass laws punishing dissent against the state of Israel, mirroring actions taken in the West.
    • Indian Context: In India, authorities align with Western counterparts, stifling protests, banning events, and demanding apologies from speakers critical of the Israeli state.

    Key Challenges:

    • Threats and Challenges in the West: Protests in American universities against the Israeli-Palestinian conflict provoke threats from donors, alumni, and administrators, showcasing the fragility of academic freedom.
    • Public Misunderstanding: The public perceives academic freedom as a privilege for already pampered professors, undermining its significance and practical application.
    • Government Interference in India: Indian authorities pre-empt protests, ban events, and cancel talks, aligning with Western counterparts and limiting academic freedom.

    Key Terms and Phrases:

    • Academic Freedom: Autonomy granted to the practice of academics, allowing the pursuit of ideas and knowledge without external constraints.
    • Aam Aadmi: The common person’s perspective on academic freedom as a perk for professors, contributing to a misunderstanding of its true nature.
    • Central Civil Service (CCS) Rules: Government regulations governing officials, potentially threatening academic freedom if applied to academics.

    Key Quotes and Statements:

    • “The credibility of this idea is in tatters today as protests against the war in American universities provoke threats from donors, alumni and administrators…”
    • “Each of its two words misleads in its own way. ‘Academic’ suggests something obscure and impractical, far removed from the everyday world…”
    • “But despite the global attention it is now receiving, academic freedom remains a much misunderstood idea.”

    Key Examples and References:

    • Israeli-Palestinian Conflict Impact: The conflict serves as a catalyst for threats against academic freedom in the West, revealing global implications.
    • Indian Authorities’ Actions: Actions such as pre-empting protests, banning events, and canceling talks illustrate restrictions on academic freedom in India.

    Key Facts and Data:

    • Instances of protests in American universities facing threats from donors, alumni, and administrators highlight the vulnerabilities of academic freedom.
    • European governments passing laws to defund and punish academic or artistic activities critical of Israel contribute to the global erosion of academic freedom.
    • The University Grants Commission (UGC) directive in India, suggesting the installation of “selfie points” with the Prime Minister’s picture, showcases government interference.

    Critical Analysis:

    • Misunderstood Practicality: Academic freedom is portrayed as misunderstood, practical, and down-to-earth, yet specific to the academic world.
    • Scrutiny Within Academic Community: The article emphasizes the scrutiny and criticism within the academic community, balancing autonomy with adherence to academic norms.
    • Impact of Government Control: Potential consequences of government control, as seen in the threat to universities under Central Civil Service (CCS) rules, are discussed.

    Way Forward:

    • Fostering Critical Thinking: Emphasize the practicality and necessity of academic freedom in fostering critical thinking for societal benefit.
    • Resisting Government Interference: Advocate for the protection of academic autonomy, resisting government interference that could stifle questioning and research.
    • Promoting Public Awareness: Promote public awareness and understanding of academic freedom to counter misconceptions and ensure its preservation.

  • Kidney Transplants in India: Law, Demand and Alleged Rackets

    Kidney Transplants

    Central Idea

    • The government has initiated an investigation into allegations that poor villagers from Myanmar were coerced into selling their kidneys to wealthy patients, with Delhi’s Apollo hospital implicated in the scheme.

    India’s Transplant Law and Kidney Scams

    • India’s Transplantation Law: The Transplantation of Human Organs and Tissues Act, 1994, in India allows organ donations from living persons, primarily close relatives, and deceased donors.
    • Curb on organ trade: It strictly prohibits organ trade to prevent exploitation of the poor.
    • Previous Allegations: This isn’t the first instance of alleged kidney scams in India, with most rackets reportedly using forged documents to establish fake donor-recipient relationships.

    Procedure for Legal Transplants

    • Documentation for Close Relatives: For living donations involving close relatives, both Indian and foreign nationals must submit identity proofs, family trees, relationship evidence, and financial status documents.
    • Scrutiny for Unrelated Donors: Donations from non-relatives require additional evidence of long-term association and undergo rigorous examination by an external committee to prevent illegal transactions.
    • Penalties for Illegal Organ Trade: The law imposes severe punishments, including imprisonment and hefty fines, for any involvement in organ trade or related illegal activities.

    Kidney Transplants: High Demand and Target for Illegal Trade

    • High Demand: Approximately 2 lakh Indians annually reach end-stage kidney failure, necessitating transplants or dialysis, but only about 12,000 transplants occur each year.
    • Low Risk and Accessibility: Kidney transplants pose the least risk to donors and are relatively affordable and widely available in India, making kidneys a common target for illegal trade.
    • Organ Viability: Kidneys can survive outside the body for 24-36 hours, longer than lungs or liver, increasing their viability for transplants.

    Addressing the Organ Supply Gap

    • Promoting Deceased Donations: Increasing awareness and promoting donations from brain-dead individuals can significantly enhance the organ pool.
    • Government Initiatives: The government has introduced an Aadhaar-linked donor registry to encourage deceased donations, which currently constitute only 16% of total transplants in India.
    • Reducing Transplant Necessity: Efforts are also needed to decrease the number of people requiring organ transplants.

    Conclusion

    • Combating Illegal Organ Trade: The ongoing investigation into the alleged kidney racket highlights the need for stringent vigilance and adherence to legal procedures in organ transplants.
    • Enhancing Legal Organ Donation: Increasing public awareness and promoting legal avenues for organ donation are crucial steps in addressing the organ supply-demand gap and preventing exploitation in organ trade.

  • What are Foreigners’ Tribunals?

    Central Idea

    • Since 1966, Foreigners Tribunals (FTs) in Assam have identified 32,381 people as foreigners.

    Foreigners Tribunals in Assam

    • Unique Quasi-Judicial Bodies: FTs are specific to Assam, tasked with determining whether a person is illegally staying as a “foreigner” in India.
    • Backdrop of Assam’s NRC: With the National Register of Citizens (NRC) in Assam, the Ministry of Home Affairs (MHA) has outlined guidelines for detecting, detaining, and deporting illegal foreign nationals.
    • Amendment to Foreigners (Tribunals) Order, 1964: The MHA has amended this order, allowing district magistrates in all States and Union Territories to establish tribunals.
    • Shift in Power: Previously, only the Central Government had the authority to constitute such tribunals.

    Need for Foreigners Tribunals

    • Legal Process for Foreigners: In other regions, foreigners apprehended for illegal stay are tried under the Passport Act, 1920, or the Foreigners Act, 1946, with penalties including imprisonment and eventual deportation.
    • Detention Centers: Post-sentence, the accused are held in detention centers until their country of origin agrees to accept them.

    Recent Amendments and Their Implications

    • Changes in Tribunal Constitution: The 1964 order initially allowed only the Central Government to refer cases to the Tribunals. The amendment now permits State Governments, UT administrations, District Collectors, and District Magistrates to do so.
    • Empowerment of Individuals: The amended Foreigners (Tribunal) Order, 2019, enables individuals to approach Tribunals, a change from the earlier provision where only the State could challenge a suspect.
    • Context of NRC: With the final NRC publication, this amendment aims to provide adequate opportunities for those not included in the list.
    • Procedure for Non-Listed Individuals: Persons not found in the final NRC can approach the Tribunals. District Magistrates can also refer cases of individuals who haven’t filed claims against their NRC exclusion.
    • Issuance of Fresh Summons: These individuals will receive new summons to prove their citizenship.

  • Tavleen Singh writes: Time to end reservations

    Reservation in India: Advantages & Disadvantages | UPSC - IAS EXPRESS

    Central idea 

    The article argues for the abolition of all reservations in government jobs, universities, and other institutions, contending that the once crucial affirmative action has devolved into a tool for political manipulation. It highlights the failure of reservations to achieve genuine social equality and proposes a voucher system exclusively for historically oppressed groups as an alternative.

    Key Highlights:

    • The author advocates for the abolishment of all reservations in government jobs, universities, schools, the army, and paramilitary forces.
    • Reservation policies, initially introduced for scheduled castes and tribes as a gesture of atonement, have become a tool for political manipulation and failed to achieve social equality.
    • The suggestion to replace reservations with a voucher system for education, exclusively for those historically oppressed, is proposed as an alternative.

    Key Challenges:

    • The political exploitation of caste-based reservations has perpetuated the system beyond its intended purpose, hindering genuine social progress.
    • The reluctance to address the issue stems from its controversial nature, making it difficult for leaders and commentators to openly criticize or advocate for change.

    Key Terms & Phrases:

    • Reservations, Affirmative Action, Caste Census, Scheduled Castes, Scheduled Tribes, Voucher System, Social Equality, Political Exploitation.

    Key Quotes:

    • “When reservations were introduced… it was a vital gesture of atonement for the evil done to lower caste Indians for centuries.”
    • “As a tool for bringing social equality for scheduled castes and tribes, reservations have failed.”
    • “The great Indian dream remains landing a government job.”

    Key Statements:

    • Reservations, initially crucial for affirmative action, have transformed into a political tool, hindering genuine progress.
    • The author urges for the courage to admit the farcical nature of the reservations system and advocates for its abolition.

    Key Examples and References:

    • Reference to Maratha leaders fasting for reservations highlights the misuse of the system by powerful castes.
    • The proposal to replace reservations with a voucher system draws from the need to address historical oppression without political exploitation.

    Key Facts & Data:

    • Dr. Ambedkar initially suggested reservations for ten years, but political motivations led to its continuation.
    • The Prime Minister’s acknowledgment of belonging to the OBC category questions the need for reservations for these castes.

    Critical Analysis:

    • The author emphasizes the need for a candid discussion on reservations, calling out its political exploitation and proposing alternatives.
    • The article challenges the prevalent narrative on reservations and highlights the disconnect between the intended purpose and the current reality.

    Way Forward:

    • The article calls for bold leadership to address the reservations issue, suggesting a reevaluation of policies and the implementation of alternative measures to ensure genuine social progress.

  • PM-JANMAN Scheme for PVTGs

    Central Idea

    • The Union Tribal Ministry informed the Rajya Sabha that the population of Particularly Vulnerable Tribal Groups (PVTGs) is not declining, contrary to earlier data.
    • The Pradhan Mantri-Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN) aims to provide basic facilities to PVTGs, with a significant budget allocation.

    Who are the PVTGs?

    • Definition and Characteristics: PVTGs, formerly known as Primitive Tribal Groups, are identified by criteria like declining population, pre-agrarian technology, economic backwardness, and low literacy.
    • Distribution: Spread across 18 States and Union Territories, India has 75 PVTGs, with the highest numbers in Odisha and Andhra Pradesh.
    • Historical Context: These groups inhabit remote areas and have historically been among the most vulnerable sections of Scheduled Tribes.

    PM-JANMAN: Objectives and Funding

    • Mission Goals: The mission, announced earlier in the year, focuses on improving infrastructure and basic amenities in PVTG areas.
    • Budget Allocation: The Cabinet approved a ₹24,000 crore package, with contributions from both the central and state governments.
    • Implementation Strategy: The program involves nine ministries and aims to enhance housing, connectivity, healthcare, education, and economic opportunities in PVTG villages.

    Challenges in Implementation

    • Data Gaps: A key challenge is the lack of current and accurate data on PVTG populations and socio-economic conditions.
    • Baseline Surveys: While surveys are being conducted, their results are not yet public, and there has been no separate Census for PVTGs since 1951.
    • Recommendations: The National Advisory Council suggested conducting a specific Census for PVTGs to better understand their needs in education, health, and housing.

    Conclusion

    • Critical Need for Accurate Data: Effective implementation of development projects for PVTGs hinges on having reliable data.
    • Holistic Approach: The government’s initiative reflects a comprehensive approach to improving the living standards of PVTGs, addressing various aspects of their well-being.
    • Continued Monitoring and Evaluation: Ongoing assessment and adaptation of strategies will be crucial to ensure the success of these development efforts for PVTGs.

  • Are Crimes against Women on the Rise?

    Central Idea

    • Despite a decline in overall crime rate in 2022, the National Crime Records Bureau (NCRB) report highlights a 4% rise in crimes against women.
    • The crime rate dropped to 258.1 per lakh population in 2022 from 268 per lakh in 2021, but crimes against women increased.

    Nature of Crimes Against Women

    • Major Categories: The majority of crimes included:
    1. Cruelty by husband or relatives (31.4%),
    2. Kidnapping and abduction (19.2%),
    3. Assault with intent to outrage modesty (18.7%), and
    4. Rape (7.1%).
    • Dowry Prohibition Act: 13,479 cases were registered under this act.

    Societal and Legal Perspectives

    • Patriarchal Society: Activists and lawyers attribute the rise to deep-rooted patriarchal mind-sets in Indian society.
    • Legal Framework: Key laws for women’s safety include The Immoral Traffic (Prevention) Act, The Dowry Prohibition Act, The Commission of Sati (Prevention) Act, Protection of Women from Domestic Violence Act, and others.
    • Implementation Challenges: Despite strong laws, their effective implementation remains a challenge.

    Interpretation of Increased Crime Registration

    • NCRB Report Findings: Over 4.45 lakh cases of crimes against women were registered in 2022, indicating a high rate of 66.4 crimes per lakh population.
    • Charge Sheet Filing Rate: The rate of filing charge sheets in such cases was 75.8%.
    • Views on Increased Registration: Some experts view the rise as indicative of women’s increased confidence in approaching police, while others see it as a reflection of persistent inequality and societal attitudes.

    Regional Variations in Crime Registration

    • Delhi’s High Crime Rate: With 14,247 cases, Delhi recorded the highest rate of crimes against women at 144.4 per lakh.
    • Contrast with Other Regions: In many parts of India, especially rural areas, crime registration is low, and fear of police is high.

    Challenges in Law Enforcement and Judiciary

    • Policing Issues: There is a lack of trained police officers for investigations, leading to poor charge sheet preparation.
    • Judicial Delays: Cases take years in trial courts, with appeals extending the duration further.
    • Fast-Track Courts: Despite their existence, fast-track courts for grievous crimes are as slow as regular courts.

    Representation of Women in Police Force

    • Low Proportion: Women police officers’ representation in the force is low, leading to disproportionate workloads and slower charge sheeting and convictions.
    • Ministry of Home Affairs Data: As of January 1, 2022, women constituted only 11.7% of the total state police force.

    Conclusion

    • Need for Strong Political Will: Effective policies and programs are required to elevate women’s status and address the root causes of gender-based violence.
    • Improving Law Enforcement and Judiciary: Enhancing police training, increasing women’s representation in the force, and expediting judicial processes are crucial steps.

  • PM Vishwakarma Scheme: Empowering Traditional Craftspeople

    vishwakarma

    Central Idea

    • The PM Vishwakarma Scheme, launched by the Centre on September 17, has received over 21 lakh applications in two and a half months, data from the Ministry of Skill Development and Entrepreneurship (MSDE) show.

    PM Vishwakarma Scheme

    • The PM Vishwakarma Scheme boasts an impressive allocation of Rs 13,000 crore, fully funded by the Central government.
    • It aims to benefit individuals predominantly from the OBC community engaged in traditional skills and crafts such as carpentry, gold-smithing, masonry, laundry services, and more.
    • The scheme derives its name from Vishwakarma, a revered figure in Hindu mythology known as the architect of the gods.
    • Vishwakarma was the divine carpenter and master craftsman responsible for crafting the gods’ weapons, building their cities and chariots.
    • He is considered the patron deity of workers, artisans, and artists.

    Eligibility for the Scheme

    • Supported Sectors: The PM Vishwakarma Scheme extends assistance to families associated with 18 diverse sectors, including carpentry, boat making, blacksmithing, goldsmithing, pottery, and more.
    • Registration: Vishwakarma workers can register for free through Common Services Centres using the biometric-based PM Vishwakarma portal.

    Features of the Scheme

    • Recognition: Workers will receive recognition through the PM Vishwakarma certificate and ID card.
    • Skill Upgradation: The scheme offers basic and advanced training to enhance skills.
    • Toolkit Incentive: Artisans receive a toolkit incentive of ₹15,000.
    • Credit Support: Collateral-free credit support is provided up to ₹1 lakh (first tranche) and ₹2 lakh (second tranche) at a concessional interest rate of 5%.
    • Digital Transactions: Incentives for digital transactions and marketing support are available.
    • Knowledge Enhancement: A toolkit booklet, available in 12 Indian languages with accompanying videos, helps workers stay updated on new technologies in their field.
    • Skill Training Stipend: Artisans can benefit from a stipend of Rs 500 for skill training and Rs 1,500 for purchasing modern tools.
    • Coverage: The scheme aims to cover five lakh families in the first year and 30 lakh families over five years.
    • Global Integration: It also seeks to integrate Vishwakarma into domestic and global value chains.

    Need for such scheme

    • Traditional craftsmen and skilled artisans, often taught these crafts by family elders, have encountered several hurdles.
    • These include a lack of professional training, access to modern tools, geographical remoteness from relevant markets, and limited capital for investment.

  • The future of healthcare is in our genes

    Gene Therapy Products: Separate Regulations? - BioProcess InternationalBioProcess International

    Central idea 

    The article underscores the transformative potential of gene and cell therapy in addressing India’s healthcare challenges, particularly genetic disorders, cancer, and infectious diseases. It emphasizes the imperative for a paradigm shift, highlighting the need for collaborative efforts, regulatory frameworks, and increased awareness to integrate these therapies into mainstream healthcare.

    Key Highlights:

    • Genetic Disorders in India: Over 40 million individuals in India suffer from genetic disorders, emphasizing the urgent need for advanced treatments like gene therapy.
    • Haemoglobinopathies: Conditions like Thalassemia and Sickle Cell Anaemia affect millions, and gene therapy offers a potential cure by addressing the root genetic mutations.
    • Cancer Treatment: With 1.16 million new cancer cases annually, gene and cell therapy, especially CAR-T therapy, present precision medicine solutions tailored to individual genetic profiles.
    • Infectious Diseases: Gene therapy shows promise in treating infectious diseases, including potential applications against viral threats like dengue, HIV/AIDS, and others.
    • Future Vision: Gene and cell therapies anticipate a future of precise and personalized treatments, reducing economic burdens associated with chronic conditions.

    Key Challenges:

    • Infrastructure Limitations: Integrating gene and cell therapy into mainstream healthcare faces challenges related to infrastructure readiness.
    • Ethical Considerations: The ethical implications of gene therapy, including issues of consent and long-term consequences, pose challenges to widespread adoption.
    • Awareness Gap: Limited awareness among healthcare professionals and the public about gene and cell therapy hinders successful integration.

    Key Terms and Phrases:

    • Precision Medicine: Tailored medical approaches considering the unique genetic makeup of each patient.
    • Chimeric Antigen Receptor T-cell therapy (CAR-T): Modifying a patient’s immune cells to target cancer cells, exemplifying precision medicine.
    • mRNA Vaccines: Groundbreaking gene-therapy products, as seen in Covid-19 vaccines like Pfizer-BioNTech and Moderna.
    • Severe Combined Immunodeficiency (SCID): A genetic disorder potentially treatable with gene therapy to restore normal immune function.

    Key Quotes:

    • “Gene therapy is not just about managing symptoms — it is about rewriting the genetic code that underlies these conditions.”
    • “The imperative lies in investing in research and infrastructure to make these transformative therapies accessible to those who need them.”
    • “Gene and cell therapy are not just treatments; they are the future of healthcare.”

    Key Examples and References:

    • Haemoglobinopathies Impact: Thalassemia and Sickle Cell Anaemia affecting 40 million individuals in India.
    • Cancer Cases: Over 1.16 million new cancer cases annually, highlighting the demand for advanced treatments.
    • mRNA Vaccines: Pfizer-BioNTech and Moderna Covid-19 vaccines as groundbreaking gene-therapy products.

    Key Facts and Data:

    • Demographic Impact: Genetic disorders affect millions in India, necessitating advanced treatments.
    • Cancer Statistics: Over 1.16 million new cancer cases reported annually in India.
    • Economic Burden: Gene therapy’s potential to reduce long-term healthcare costs for chronic genetic conditions.

    Critical Analysis:

    • Integration Challenges: Infrastructural and ethical challenges pose hurdles to the mainstream integration of gene and cell therapy.
    • Opportunities for Collaboration: Challenges present opportunities for collaborative efforts among scientific communities, industries, policymakers, and healthcare providers.
    • Need for Awareness: Limited awareness emphasizes the importance of enhancing awareness among healthcare professionals and the public for successful integration.

    Way Forward:

    • Collaborative Efforts: Encourage collaboration between scientific communities, industries, policymakers, and healthcare providers to overcome challenges.
    • Regulatory Frameworks: Develop regulatory frameworks balancing innovation with ethical considerations to guide gene therapy integration.
    • Research and Development: Invest in research and development to advance gene and cell therapy, addressing infrastructure limitations and ethical concerns.
    • Public Awareness: Foster awareness among healthcare professionals and the public to ensure successful integration into the broader healthcare landscape.

  • Advisory issued against drug ‘Meftal’

    Central Idea

    • Pharma standard body Indian Pharmacopoeia Commission (IPC) has issued a drug safety alert for commonly used painkiller mefenamic acid, popularly sold under the brand name Meftal.

    What is Meftal used for?

    • Meftal 500, a non-steroidal anti-inflammatory drug (NSAID) is usually prescribed in treatment for conditions like menstrual pain, headache, muscle, joint, or dental pain.
    • It has been advised to take the table with food.
    • The most common side effects of the medicine include mild vomiting, stomach pain, nausea, headache, and dizziness.

    What does the alert against Meftal say?

    • IPC stated that a preliminary analysis of adverse drug reactions from the Pharmacovigilance Programme of India (PvPI) database revealed drug reactions with eosinophilia and systemic symptoms (DRESS) syndrome.
    • DRESS, also known as drug induced hypersensitivity syndrome, is an adverse drug reaction that can even be life threatening.
    • It may cause damage to several organs, especially to the kidneys, heart, lungs, and pancreas.
    • The mortality rate is high and is about 10 per cent.

    Back2Basics: Indian Pharmacopoeia Commission (IPC)

    Details
    Establishment 1956,

    An autonomous body under the Ministry of Health and Family Welfare
    Primary Objective To promote public health by setting and updating standards for drug quality in India.
    Key Publication Indian Pharmacopoeia (IP), a legally recognized book of drug standards.
    Role in Drug Regulation Standards set in the IP are enforceable by law, crucial for India’s drug regulatory framework.
    International Recognition Collaborates with WHO and aligns with global drug standards.
    Pharmacovigilance Program Involved in monitoring and analyzing adverse drug reactions through the PvPI.
    Quality Control & Training Engages in drug quality control and provides training to regulatory bodies and the pharmaceutical industry.
    Publication Updates Periodically updates the IP to include new drugs and revise existing standards.
    Collaboration Works with the pharmaceutical industry, academia, and regulatory bodies.
    Global Harmonization Aims to harmonize the IP with international pharmacopoeias like the USP and BP.

  • Essential Services Maintenance Act (ESMA) and Its Implications

    Central Idea

    • The Odisha Government invoked its Essential Services (Maintenance) Act (ESMA) prohibiting strikes by paramedical staff, including nurses, pharmacists and technicians to ensure that medical services are not disrupted.

    About Essential Services Maintenance Act (ESMA)

    • Description: The Essential Services Maintenance Act (ESMA) is a significant piece of legislation enacted by the Parliament in 1968.
    • Constitutional Placement: It falls under list no. 33 in the 7th schedule under the concurrent list of the Indian Constitution.
    • Purpose: ESMA is primarily used by states to manage strikes by employees, especially in essential services.
    • Essential Services: The Act empowers the government to designate any economic activity or service as ‘essential’, where disruption would impact the normal life of people.

    Provisions and Powers under ESMA

    • Police Authority: The Act grants police the authority to arrest protestors without a warrant if they violate the provisions of ESMA.
    • State-Specific Provisions: Each Indian state has its unique version and provisions of the ESMA.

    Right to Strike in Context

    • Worker’s Basic Right: Striking is a fundamental means for workers to legitimately promote and defend their economic and social interests.
    • Legal Status: While the right to protest is a fundamental right under Article 19 of the Indian Constitution, the right to strike is a legal right with certain restrictions.
    • Industrial Dispute Act 1947: This act outlines the legal framework and restrictions for strikes, especially in public sectors and essential services.
    • Restrictions in Specific Sectors: Strikes are particularly restricted for public sector employees, banking, oil, metropolitan transport, and education sectors under state jurisdiction.

    International Labor Organization (ILO) and the Right to Strike

    • ILO’s Stance: The ILO’s Committee on Freedom of Association has established principles regarding the right to strike.
    • Essential Services Definition: Essential services are those whose interruption could endanger the life, safety, or health of part or all of the population.
    • Examples of Essential Services: The committee identifies sectors like hospitals, electricity, water supply, telephone services, and air traffic control as essential services.
    • Restriction on Strikes: Employees in these essential services are generally not permitted to strike.

    Problems and Criticisms of ESMA

    • Irresponsible Use: The Act has been criticized for its sometimes irresponsible and unwise implementation.
    • Suppression of Democratic Rights: ESMA is seen as monopolizing power and suppressing the democratic rights of stakeholders, particularly the right to protest or strike.
    • Government’s Overpowering Role: Critics argue that ESMA dangerously skews the balance in industrial relations towards the government in the public sector.

    Conclusion

    • Debate on ESMA’s Role: The Essential Services Maintenance Act remains a contentious topic, balancing the need for uninterrupted essential services with the rights of workers to strike.
    • Need for Responsible Implementation: Responsible and democratic application of ESMA is crucial to maintain this balance.
    • Ongoing Discussions: The Act continues to spark debate about the extent of government power and the protection of workers’ rights in essential sectors.